Motion for Summary Judgment in MATRIX FINANCIAL SERVICES CORP vs FELIA, NATALIE M et al| Trellis.Law

On June 08, 2023 a Motion,Ex Parte was filed involving a dispute between Matrix Financial Services Corp, and Felia, Natalie M, Hunters Ridge Homeowners Assoc, Unknown Tenant In Possession O, Wilson, Christopher D, for Circuit Civil 3-C in the District Court of Pasco County.

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Filing # 185769650 E-Filed 11/08/2023 04:16:05 PM

MATRIX FINANCIAL SERVICES | IN THE CIRCUIT COURT OF THE
CORPORATION SIXTH JUDICIAL CIRCUIT, IN AND FOR
PLAINTIFF, PASCO COUNTY, FLORIDA — CIVIL
DIVISION
VS. CASE NO.: 2023CA003662CAAXWS

CHRISTOPHER D. WILSON, NATALIE M.
FELIA ET AL.,
DEFENDANTS.

PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT OF FORECLOSURE

Plaintiff

Matrix Financial Services Corporation, by and through the undersigned counsel and

pursuant to Fla. R. Civ. P. 1.510 (a), moves this Court for summary judgment, and says:

Summary of Argument

This is a residential mortgage foreclosure action. There is no genuine dispute as to any

material fact and the Plaintiff is entitled to judgment as a matter of law.

Florida Law

Rule 1.510 (a) of the Florida Rules of Civil Procedure provides in relevant part as follows

The court shall grant summary judgment if the movant shows that there is
no genuine dispute as to any material fact and the movant is entitled to
judgment as a matter of law. The court shall state on the record the reasons
for granting or denying the motion. The summary judgment standard
provided in this rule shall be construed and applied in accordance with the
federal summary judgment standard.

The Federal Summary Judgment Standard

Rule 56 (a) of the Federal Rules of Civil Procedure provides in relevant part as follows:

A party may move for summary judgment [or for partial summary
judgment], identifying each claim or defense — or the part of each claim or
defense — on which summary judgment is sought. The court shall grant

23FL404-0021

Electronically Filed Pasco Case # 2023CA003662CAAXWS 11/08/2023 04:16:05 PM
summary judgment if the movant shows that there is no genuine dispute as
to any material fact and the movant is entitled to judgment as a matter of
law...

Under this rule, summary judgment is appropriate “if the pleadings, depositions, answers

to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no

genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter

of law.” Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). The parties may support their

positions by citation(s) to the record, including depositions, documents, affidavits, or declarations.

See Fed. R. Civ. P. 56 (c). An issue is genuine only if “a reasonable trier of fact could return

judgment for the non-moving party.” Miccosukee Tribe of Indians v. United States, 516 F.3d 1235,

1243 (11th Cir. 2008) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986));

Burgos v. Chertoff, 274 F. App’x 839, 841 (11th Cir. 2008) (citation omitted). A fact is material

only if it “might affect the outcome of the suit under the governing law.” Miccosukee Tribe of

Indians, 516 F. 3d at 1243 (quoting Anderson, 477 U.S. at 247-48; Burgos, 274 F. App’x at 841

(citation omitted). A movant must present evidence demonstrating that it can establish the basic

elements of its claim. Celotex, 477 U.S. at 322. The party seeking summary judgment

always bears the initial responsibility of informing the ... court of the basis
for its motion, and identifying those portions of the pleadings, depositions,
answers to interrogatories, and admissions on file, together with the
affidavits, if any, which it believes demonstrate the absence of a genuine
issue of material fact.

Id. at 323. (internal citations omitted). However, the moving party is not required to support its

motion with affidavits or other similar material that negate the opponent’s claim. Jd.

Once the moving party has met its initial burden, the non-movant must “go beyond the

pleadings” and show that there is a genuine issue for trial. Jd. at 324; see also Fed. R. Civ. Pro.

56 (c) (1). The inferences to be drawn from the underlying facts must be viewed in the light

23FL404-0021
most favorable to the party opposing the motion. See Adickes v. S. H. Kress & Co., 398 U.S.

144, 158-59 (1970). To avoid summary judgment, the nonmoving party “must do more than

simply show that there is some metaphysical doubt as to the material facts.” Matsushita Elec.

Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). “Rule 56 of the Federal Rules of

Civil Procedure mandates the entry of summary judgment against a party who fails to make a

showing sufficient to establish the existence of every element essential to that party’s case on

which that party will bear the burden of proof at trial.” Berkner v. Bell Helmets, Inc., 822 F.

Supp. 721, 722 (N.D. Ga. 1993). The court’s function “at summary judgment is not ‘to weigh the

evidence and determine the truth of the matter but to determine whether there is a genuine issue

for trial.’” Tolan v. Cotton, 572 U.S. 650, 656 (2014) (per curiam) (quoting Anderson, 477 U.S.

at 249); Gross v. S. Ry. Co., 414 F.2d 292, 297 (Sth Cir. 1969). However, the court is not

required to accept all of the non-movant’s factual characterizations and legal arguments. Beal v.

Paramount Pictures Corp., 20 F.3d 454, 458-59 (11th Cir. 1994). Summary judgment should be

denied only if a genuine issue of fact remains for trial. See Fed. R. Civ. Pro. 56 (a). “Summary

judgment [ ] is properly regarded not as a disfavored procedural shortcut, but rather as an integral

part of the Federal Rules as a whole, which are designed “to secure the just, speedy and

inexpensive determination of every action.” Celotex, 477 U.S. at 327.

Statement of Undisputed Facts

On or about July 13, 2020, Defendants Natalie M. Felia and Christopher D. Wilson
executed a promissory note (the “Note”) made payable to United Wholesale Mortgage.
See Affidavit of Indebtedness (“AOI”) attached hereto as Exhibit “1” and corroborating
exhibits thereto.

On or about the same date, Defendants Natalie M. Felia and Christopher D. Wilson (the
“Mortgagors”) executed a mortgage securing payment of the note to Mortgage
Electronic Registration Systems, Inc., as mortgagee, as nominee for United Wholesale
Mortgage, its successors and assigns (the “Mortgage”). See Exhibit “1” and

23FL404-0021
corroborating exhibit(s) thereto.

The Mortgage was recorded in the Official Records Book 10136, Pages 1811 of the
Public Records of Pasco County, Florida, and mortgaged the property described therein
(the “Property”). See Exhibit “1” and corroborating exhibits thereto.

The Note and Mortgage have not been modified.

Plaintiff is the owner and/or holder of the original Note secured by the Mortgage. See
Exhibit “1” and corroborating exhibits thereto.

The property is owned by Natalie M. Felia and Christopher D. Wilson.

Plaintiff’s Mortgage lien on the Property is superior to the interests of all other parties
to this action.

There has been a default under the Note in that the payment due December 1, 2022,
and all subsequent payments have not been made. See Exhibit “1” and corroborating
exhibits thereto.

Upon filing the Complaint in this action, Plaintiff declared the full amount due under
the Note to be due and payable upon filing, except to any extent any part of that amount
is or would be subject to a statute of limitations or statute of repose defense.

10. All conditions precedent to this action have occurred, been satisfied, or been waived.
See Exhibit “1” and corroborating exhibits thereto.

11 There is now due and owing the Plaintiff a total of $279,506.89 plus interest accruing
since the date of the AOI, as well as reasonable attorney’s fees and costs. See Exhibit
“1” and corroborating exhibits thereto.

12 Plaintiff has obligated itself to pay its attorneys a reasonable fee for their services and
to reimburse the attorneys for their taxable costs and is therefore entitled to an award
of reasonable attorney’s fees and costs pursuant to the terms of the Note and
Mortgage. See Exhibit “1” at paragraph nine (9).

13 In the event a Defendant has filed a petition for relief in the United States Bankruptcy
Court or has received a discharge in bankruptcy, Plaintiff does not seek a deficiency
judgment or any other claim for money due under the Note. Said Defendant(s) were/are
joined in this action solely to foreclose any interest the Defendant(s) may have in the
Property secured by the Mortgage.

23FL404-0021
Conclusion
WHEREFORE, Plaintiff asks this Court to grant this Motion for Final Summary Judgment
or, in the alternative to full summary judgment, to specify on the record what genuine dispute(s)
of material fact remain(s) for trial.

MILLER, GEORGE & SUGGS, PLLC
210 N. UNIVERSITY DRIVE, SUITE 900
CORAL SPRINGS, FL 33071
TELEPHONE: 786-268-9954
DESIGNATED PRIMARY EMAIL FOR
SERVICE PURSUANT TO FLA. R. JUD.
ADMIN 2.516:
ESERVICE@MGS-LEGAL.COM

y “ihe
MIGDALIA JORDAN
BAR NO. 125410

23FL404-0021
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to
the parties listed on the attached service list via Mail and/or E-mail in accordance with the
corresponding addresses listed therein on or about this 8th day of November 2023.

“sual he
BY:
MIGDALIA JORDAN
BAR NO. 125410

Case No: 2023CA003662CAAXWS

NATALIE M. FELIA
5447 EL CERRO DR
NEW PORT RICHEY FL 34655

CHRISTOPHER D. WILSON
5447 EL CERRO DR
NEW PORT RICHEY FL 34655

UNKNOWN TENANT IN POSSESSION OF THE SUBJECT PROPERTY
5447 EL CERRO DR
NEW PORT RICHEY FL 34655

HUNTER’S RIDGE HOMEOWNER'S ASSOCIATION, INC.
C/O PARKLANE REAL ESTATE SERVICES, LLC., REGISTERED AGENT
7084 WEST GULF TO LAKE HIGHWAY
SUITE 2A
CRYSTAL RIVER FL 34429

23FL404-0021
IN THE CIRCUIT COURT OF THE
MATRIX FIN. ANCIAL SERVICES | SEXTH JUDICIAL CIRCUIT JUDICIAL
CORPORATION | CIRCUIT, IN AND FOR
PLAINTIFF, PAS 20 COUNTY, FLORIDA
VS | CIVIL DIVISION
NATAL TE LIA AND CHRISTOPHER | CASE NO.: 2023CA003662CAAXWS,
D. WI SON AL
DE NDA S. nin eo

AFFIDAVIT OF INDEBTE S
STATE OF South Carolina

COUNTY OF _York
ev ennnn

BEFORE ME an officer authorized to take Oath this day appeared
__Laura Campbell
SE manne _ who, first being duly sworn, deposes and says:

1 Afviant, Laura Campbell . a(an) Default Quality Assurance Specialist
of RoundPoint Mortgage Servicing LLC f/k/a RoundPoint Mortgage Servicing Corporation as
Attorney in fact for MATRIX FINANCIAL SERVICES CORPORATION, makes this
affidavit based upon his/her own personal knowledge.
1 ain over the age of 18 and competent to testify as to the matters contained herein.
In the regular performance of my job functions. | am familiar with business records
maintained by RoundPoint Mortgage Servicing LLC f/k/a RoundPoint Mortgage Servicing
Corporation for the purpose of servicing mortgage loans, including the loan at issue in this
action.
The information in this affidavit is taken from RoundPoint Mortgage Servicing LLC fik/a
RoundPoint Mortgage Servicing Corporation’s business records. | have personal knowledge
of RoundPoint Mortgage Servicing LLC f/k/a RoundPoint Mortgage Servicing Corporation's
procedures for creating these records. The records (which may include data compilations,
electronically imaged documents, and others) are made at or near the time of the event by. or
from information provided or transmitted by, persons with knowledge of the activity and
transactions reflected in such records. The records are kept in the ordinary course of a
regularly conducted business activity of RoundPoint Mortgage Servicing LLC fY/k/a
RoundPoint Mortgage Servicing Corporation It is the regular practice of RoundPoint
Mortgage Servicing LLC f/k/a RoundPoint Mortgage Servicing Corporation to make these
records. As part of my job responsibilities for and in connection with making this affidavit, |
have acquired knowledge of the matters stated herein by examining these business records.
5 ‘To the extent that any of the business records of the loan in this matter were created by a
prior servicer, the prior servicer’s records for the loan were integrated and boarded into
RoundPoint Mortgage Servicing LLC f/k/a RoundPoint Mortgage Servicing Corporation's
records such that the prior servicer’s records concerning the loan are now part of RoundPoint
Mortgage Servicing LLC’s business records. RoundPoint Mortgage Servicing LLC f/k/a
RoundPoint Mortgage Servicing Corporation maintains quality control and verification
procedures as part of the boarding process to ensure the accuracy of the boarded records. It is
the regular business practice of RoundPoint Mortgage Servicing LLC f/k/a RoundPoint
Mortgage Servicing Corporation to integrate the prior servicer’s records into its own busini
records, and to rely upon the accuracy of those boarded records in providing its loan
servicing functions as part of RoundPoint Mortgage Servicing LLC t/k/a RoundPoint
Mortgage Servicing Corporation's regularly conducted business activity.
6 Plainti the holder of the original note secured by the mortgage.
Attached hereto are true and correct copies of the following business records that [ have
reviewed in connection with this affidavit:
a Promissory Note, Exhibit “A
b. Mortgage, Exhibit “B™
c Assignments of Mortgage. Exhibit “C*
Demand Letter, Exhibit “D”
€ Payment/balance history, Exhibit “E”
Judgment Figures Exhibit “PF
The Borrower has defaulted under the terms of the Note and Mortgage, the default has not
becn cured, and the loan has been accelerated making the entire balance due and owing in
accordance with the terms of the loan, along with accrued interest.
9 There is now due and owing to the Plaintiff upon said Note and Mortgage the following
amounts:

Unpaid Principal Balance on the note and mortgage $262,128.88
Accrued interest from 12/1/2022 through 9/20/2023 (per diem $21.54): $6,981.75
Pro Rata MIP/PMI $275.50
Total crow $9,892.69
i Hazard Insurance $5,438.66
ii, Restricted monetary adj/nan-
Cash balance adjustment $4,438.21
iii, Mortgage Insurance Premium $2,479.50
iv. Credits $(2.463,68)
€. Late Charges $58.07
f Property Inspections $170.00
TOTAL $279,506.89
10. On account of the default under the note and mortgage sued upon herein, MILLER,
GEORGE & SUGGS, PLLC was retained to prosecute this action. Plaintiff has agreed to pay
its legal counsel a reasonable fee for services rendered and to reimburse counsel for costs
incurred in this action.
Company: Matrix Financial Services
Corporation By: RoundPoint Mortgage
Serv ng | a RoundPoint Mortgage
Servicing Corporation its attorney-in-fact
C ) fiant Signature:
Te ee
Print Name:
Laura WeCampbe!
BULA ener
Title:
Default Quality Assurance Specialist
all

FURTHER AFFIA AY] 'H NAUGHT

Sworn to (or affirmed) and subscribed before me by means of physical presence or © online
notarization, this 3rd__ day of om OctoberODOT . 2023, by
Laura Ve
ale Ca efault Quality Assurance Specialist

RE CLAMP
fargiina’
es
se
24, 2033
/ Notary Publi tate-of oun
South Carolina
3 “
Commissioned Name of Notary Pul ic ry AUNT
Sth —
Personally known wv. _or produced idemtit ation
‘Type of Identificatio Produced _ a wn
Exhibit A
a a
NOTE
JULY 13, 2020 Palm Harbor FLORIDA
[Date] {City} {State}
5447 EL CERRO DR, NEW PORT RICHEY, FLORIDA 34655
[Property Address]

1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $275,500.00 (this amount is
called "Principai"), plus interest, to the order of the Lender. The Lender is UNITED WHOLESALE
MORTGAGE
IT will make all payments under this Note in the form of cash, check or money order.
T understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and
who is entitled to receive payments under this Note is called the "Note Holder."

2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay interest
at a yearly rate of 2.999 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in
Section 6(B) of this Note.

3. PAYMENTS
(A) Time and Place of Payments
1 will pay principal and interest by making a payment every month.
I will make my monthly payment on the 4st day of each month beginning on SEPTEMBER 1 .
2020 . [will make these payments every month until I have paid all of the principal and interest and any other
charges described below that 1 may owe under this Note. Each monthly payment will be applied as of its scheduled
due date and will be applied to interest before Principal. If, on AUGUST 1, 2050 , I still owe
amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date."
T will make my monthly payments at PO Box 11733, Newark, New Jersey 07101

or at a different place if required by the Note Holder.
{B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 1,161.38

4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only
is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that | am doing so.
I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder
will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder
may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my
Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in
the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes.

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UO AEA
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note
Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment
to me. Ifa refund reduces Principal, the reduction will be treated as a partial Prepayment.

6. BORROWER'S FAILURE TO PAY AS REQUIRED
{A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15
calendar days after the date it is due, 1 will pay a late charge to the Note Holder. The amount of the charge will be
5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only
once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has
not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which
the notice is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have
the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by
applicable law. Those expenses include, for example, reasonable attorneys’ fees.

7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be
given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address
if | give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing
it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if | am
given a notice of that different address.

8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or
endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including
the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in
this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of
us together. This means that any one of us may be required to pay all of the amounts owed under this Note.

9. WAIVERS
land any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means
the right to require the Note Holder to give notice to other persons that amounts due have not been paid.

Fannie Mae/Freddie Mac UNIF(
Form 3210 1/01
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INSTRUMENT
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DS UNL
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections
given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument")
dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep
the promises w ich 1 make in thi Note. That Security Instrument describes how and under what conditions | may
be required to make immediate payment in full of all amounts | owe under this Note Some of those conditions are
described as follows:
ifall or any part of the Property or any Interest in the Property is sold or transferred
(or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent. Lender may require immediate payment in full of all sums secured by thi Security
Instrument However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law
If Lender exercises this option,
Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than ven in accordance with Section 15
30 days from the date the notice i
within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower

11 DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.

WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.

CHRISTOPHER
RIW
Jb
D WILSON
«6 cal)
~Borrower
ele). Oa
TALE M FELIA -Borrower

Loan Ori inator: Sandra Ruth Lindsey, NMLSR ID 312690
Loan Originator Organization: ACM Funding Group Inc., NMLSR ID 312665
Loan Originator Organization: UNITED WHOLESALE MORTGAGE, NMLSR ID 3038

[Sign Original Oaly}

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TR TA
4

PAY TO THE ORDER OF

WITHOUT RECOURSE
UNITED WHOLESALE MORTGAGE

Sa
MARIA SUBASH, AVP GF ERATIONS
Exhibit B
instr# 2020111972 orex 10136 961811 Paget of 19
07/14/2020 06:42AM Rept 2181533 Rec: 163.00 0S: 964.25 IT: 551.00
Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller

This Instrument Prepared By:
Closer TEAM UCI E
Closer TEAM UCLOSE
585 South Boulevard E
Pontiac, Ml 48341
ROBI/
After Recording Return To:
UNITED SHORE FINANCIAL SERVICES, LLC
$85 SOUTH BO!
PONTIAC, MI 48341
IAGER

[Space Above This Line For Recording Data]

MORTGAGE
a MERS Phone: 888-679-6377

DEFINITIONS

Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11,
13, 18,20 and 21. Certain rules regarding the usage of words used in this document are alse provided in Section 16.

(A) "Sceurity Instrument" means this document, which is dated JULY 13, 2020 » wether
with all Riders to this document.
(B) “Borrower” CHRISTOPHER D WILSON, A Married Man and NATALIE M FELIA, A Married
Woman, As Joint Tenants with Full Rights of Survivorship

Borrower is the mortgagor under this Security Instrument
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting
solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security
Instrument, MERS is organized and existing under the laws of Delaware, and-has an address and telephone number
of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS
(D) "Lender" is United Wholesale Mortgage

Lender isa LIMITED LIABILITY COMPANY or danized
and cxisting under the laws of MICHIGAN
Lender's address is 585 South Boulevard E, Pontiac, Michigan 48341

(E) "Note" means the promissory note signed by Borrower and dated JULY 13, 2020
The Note states that Borrower owes Lender TWO HUNDRED SEVENTY-FIVE THOUSAND FIVE
HUNDRED AND 00/100 Dollars (U.S.$ 275,500.00 ) plus interest.

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Borrewer has promised to pay this debl in regular Periodic Payments and to pay the debt in full not later than
AUGUST 1, 2050
(F) “Property” means the property that is described below under the heading "Transferof Rights in the Property.”
(G) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under
the Note, and all sums due under this Security Instrument, plus interest.
(H) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following Riders are
to be executed by Borrower [check box as applicable]:

[.] Adjustable Rate Rider [RX] Planned Unit Development Rider
[([] Balloon Rider ( Biweekly Payment Rider
[} 1-4 Family Rider (] Second Home Rider
(Condominium Rider (1D Other(s) [specify]

@ "Applicable Law" means all controlling applicable federal, state and local statutes, regulations. ordinances and
administrative rules and orders (that have the effect of law) as well ay all applicable final, non-appealable judicial
opinions
@ "Community Association Dues, Fees, aud Assessments" means all dues, fees, assessments and other charges
that are imposed on Borrower or the Property by a condominium association, homeowners association or similar
organization.
(K) “Electronic Funds Transfer" smeans auy uansfer of funds, vther than a transaction originated by check, draft,
or similar paper instrument, whicli is initiated through an electronic terminal, telephonic instrament, computer, or
magnetic tape so as to otder, instruct, or authorize a financial institution to debit or credit an account. Such term
iucludes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by
telephone, wire transfers, and automated clearinghouse transfers.
(Ly “Escrow Items" ineans those itenis thal are deseribed in Section 3.
(M) “Miscellaneous Proceeds" rivans any compensation, settlement, award of damages. or proceeds paid by any
third party {other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or
destruction of, the Property; (i) condemnation or other taking of all ar any part of the Property; (iii) conveyance in
lieu of condemnation; or (iv) misrepresentations of, or emissions as to, the value and/or condition of the Property.
{N) "Mertgage Insurance" means insurance provecting Lender against the nonpayment of, or default on, the Loan.
{O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note,
plus (ii) any amounts under Section 3 of this Security Instrument,
(P} "RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or
successor legislation or regulation that governs the same subject matter. As used in this Security Instrument,
“RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan”
even if the Loan does not qualify as a “federally related mortgage loan” under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken tile io che Property, whether or not that
party has assumed Borrower's obligations under the Nolte and/or this Security Instrument.

FLORIDA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMagic eForms
Form 3010 1/01 Page2 of 15 www.docmagic.com

BRS RA |
OR BK 10136 PG 1813 Page
3 of 19

TRANSFER OF RIGHTS IN THE PROPERTY

This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications
of the Note: and (i) the performance of Borrower's covenants and agreements under this Security Instrument and the Note
Tor this purpose, Borrower dues liereby mortgage, grant and convey 70 MERS (solely as nominee for Lender and Lender's
successors and assigns) and to the successors and assigns of MERS, the following described property located in the
COUNTY of PASCO
[Type of Recording Jurisdiction] [Name of Recording Jurisdiction]
See Attached

which currently has the address of 5447 EL CERRO DR
[Street]

NEW PORT RICHEY . Florida 34655 (“Property Address”):
[ciry] [Zip Code)

TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. Al! replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the “Property.”
Berrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security
Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors
and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose
and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling
this Security lustrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right
to mortgage. grant and convey the Property and that the Property is unencumbered, except for encumbrances of
record, Borrower warrants and will defend generally the title to the Property against all claims and demands, subject
to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.

UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1 Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall
pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late
charges due under the Note, Berrower shall alsa pay funds for Escrow Items pursuant to Section 3. Payments due

FLORICA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DoeMagic eForms
Form 3070 4/1 Page 3 of 15 www.docmagic.com

DIARRAA
or 8K 10136 261814 Page 4of19

under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other
instrument received by Lender as payment under the Note or this Security Instrument is returned te Lender unpaid,
Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in
one or mare of the following forms, as selected by Lender: (a) cash, (b) money order; (c) certified check, bank check,
treasurer's check or cashier's check, provided any such check is diawn upon an institution whose deposits are insured
by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return
any payment or partial payment if the payment or partial payments are insufficient to bring die Loan current. Lender
may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights
hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not
obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of
its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such anapplied funds
until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of
time, Lender shall either epply such funds or return them to Borrower. If not applied earlier, such funds will be
applicd to the outstanding principal balance under the Note immediately prier to foreclosure. No offset ut claiiu
vhich Borrower might have now or in the future against Lender shall relieve Borrower from making payments due
under the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument
22. Application of Payments or Proceeds. Except as otherwise described in this Section 2, atl payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;
(b) principal due under the Note; (c} amounts due under Section 3. Such payments shall be applied fo each Periodic
Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second
to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sulYicient
amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge, If
more than one Periodic Payment is outstanding, Lendec may apply any payment received frum Borrower to the
repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that
any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may
be applied to any late charges due, Voluntary prepayments shall be applied first to any prepayment charges and then
as described ia the Note.
Any application of payments, insurance proceeds, of Miscellaneous Proceeds to principal due under the Note
shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
33. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the
Note, until the Note is paid in full, a sum (the Funds") to provide for payment of amounts due for: (a) taxes and
assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the
Property; (b} leasehold payments or ground rents on the Property, if any; (¢) premiums for any ard all insurance
required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower
to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10.
‘These items are called "Escrow ftems.” At origination or at any time during the term of the Loan, Lender may require
that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item, Borrower shall promptly furnish to Lewder all notices of amounts to be paid
under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower’s

FLORIDA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMagic eForms
Form 3010 1/01 age of 1 www.docmagic.com

TIT
a A
OR BK 10136 PG 1815 Page
5 of 19

obligation to pay the Funds for any or all Escrow Items. Lender may waive Burrower's obligation to pay to Lender
Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver,
Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment
within such time period as Lender may require. Borrowec's obligation to make such payments and to provide receipts
shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument. as the phrase
“covenant and agreement” is used in Section 9. If Borrower is obligated t pay Escrow hems directly. pursuant to
a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section
9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount.
Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section
15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required
under this Section 3.
Lender may, at any time, collect and hold Funds in aa amount (a) sufficient to permit Lender to apply the Funds
at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA.
Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures
of future Escrow Items or otherwise in accordance with Applicable Law
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or
entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan
Bank. Lender shal! apply the Funds to pay the Escrow Items no later than the time specified under RESPA, Lender
shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verilying
the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make
such acharge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,
Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree
in writing, however, that inte

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MANSFIELD, DECLAN P Track Judge’s New Case

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Document Filed Date

November 08, 2023

Case Filing Date

June 08, 2023

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Motion,Ex Parte: MATRIX FINANCIAL SERVICES CORP vs FELIA, NATALIE M et al

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